N.M. Admin. Code § 14.5.8.10 - INFORMAL HEARING
A.
Requesting an informal hearing: Pursuant to the CILA, complaints
may be resolved at the request of the complainant, the licensee or the
commission through an informal hearing. Although a complainant is not a party
to the matter, the complainant may request an informal hearing.
B.
Acceptance of an informal
hearing:
(1) The commission and
licensee must agree to the hearing.
(2) The commission and licensee must agree
that the decision of the hearing officer is final and not subject to review by
the commission or a court of law.
(3) Written acceptance must be received by
the division within 30 calendar days of approval of the informal hearing by the
commission. Failure to provide written acceptance will result in the issuance
of a NCA against the licensee or the qualifying party.
C.
Notice:
(1) Upon receipt of a written acceptance of
the informal hearing, the division shall issue a notice of informal
hearing.
(2) The informal hearing
will be set within 15 and 90 calendar days of the receipt of the written
acceptance.
D.
Venue: The informal hearing will be held at the department office in
Albuquerque or Santa Fe. The licensee may request to appear telephonically or
to have the informal hearing in the county in which the licensee resides by
submitting such a request in writing within 15 calendar days of receipt of the
notice of hearing.
E.
Informal hearing procedures:
(1) The
commission shall designate a hearing officer to preside over the informal
hearing.
(2) The division employee
presenting the case may also be the investigator assigned to the complaint and
shall be allowed to testify.
(3)
The hearing officer will rule on the admissibility of all evidence and
testimony and those rulings shall be final and not subject to review.
(4) The hearing officer may ask questions of
either party or the witnesses at any time during the hearing.
(5) The hearing officer may request a recess
at any time during the proceedings to discuss the possibility of resolving the
matter by agreement. The hearing officer will attempt to facilitate a binding
resolution that is acceptable to both parties, however, if an agreement cannot
be reached, the hearing officer's decision will be final and not subject to the
commission's review or judicial review.
F.
Final Decisions: The hearing
officer will announce the terms of the agreement or the hearing officer's final
decision orally at the conclusion of the informal hearing. A written decision
that includes all terms to be fulfilled as stated at the conclusion of the
hearing shall be sent to the licensee and the division within 30 days. At the
next regularly scheduled commission meeting, the division staff shall inform
the commission of the final decisions for each informal hearing. The written
decision shall state that the terms of the agreement or the hearing officer's
final decision is final and not subject to the commission's review or judicial
review pursuant to Subsection C of Section
60-13-27 NMSA 1978.
G.
Disciplinary Authority: A
hearing officer may, in the hearing officer's discretion, asses any discipline,
administrative penalty or combination thereof allowed under the ULA, CILA or
rules promulgated under the CILA.
Notes
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